SANTRA Vs. STATE OF HARYANA

JUDGEMENT

(1.) Heard counsel for the parties.

(2.) The prosecutrix told Devender that she would continue staying with him so long as he would keep her comfortably and would not do anything with her forcibly and he would marry her. Devender kept on telling the prosecutrix that he would perform Court marriage with her, but he evaded her and told her that it would take some time and that if she would act in haste then he would murder her. Devender had kept the prosecutirx confined in his house and committed rape with her by extending threats to her. When the prosecutrix could not bear his illegal and wrong acts then she had been telling them that she should be sent to her parents. Then Santra (petitioner No. 1) wife of Sher Singh (petitioner No. 2) and Nita daughter of Sher Singh (petitioner No. 2) and petitioner No. 2-Sher Singh who are the parents and sister respectively of Devender put her in fear and threatened that if she insisted on going from their house then they would murder her and they would put her dead body on the railway lines. They would assert that the prosecutrix had committed suicide. The prosecutrix was living in the house of Sher Singh (petitioner No. 2) and they had an evil intention of murdering her. Devender had committed fraud with her and he had disappeared by telling her that he was going to make inquiries about the marriage. Now, the prosecutrix was not in a position to go to her parental house. Besides, the accused were also misbehaving with her with an evil intention. It would be just to impart justice to the prosecutrix and proper and just to register a case against the accused. On the said allegations the FIR has been registered.

(3.) Learned counsel appearing for the petitioners submits that the petitioners are not attributed any offence of rape. Besides, Devender who is alleged to have been committed rape has been granted bail by the Juvenile Justice Board. It is submitted that the petitioners are in custody since 29.8.2010 and the trial in the case would take time. In response, learned State counsel has submitted that the petitioners had pressurized the prosecutrix not to leave their house; besides, had threatened of murdering her. The petitioners also did not stop their son Devender from committing rape on the prosecutrix.